Pappu - Can we also ask all the users to update the amount of taxes they've paid in 2008 (now that everyone is filing for their returns)? There seems to be a negative campaign against us that somehow we don't need to pay taxes and we are a burden on local entities.

Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.

Cheers Praveen

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painful_GC

03-09 02:39 PM

Hello everyone,

Here is my status..someone please clarify as my immigration attorney has different answers each time

1) I am on H1B status and recently transfered to a new H1B Employer and i got query last week. 2) My Husband is holding a L1B Visa and its valid till Nov 2011. 3) Can i apply for L2 now(without COS) while waiting for H1B Approval?? This will allow me to change to L2 if something happens to H1. 4) If i have my H1B approval i wish to stay and work on H1B.if not i will be moving to L2(leave the country and comeback ??)

Please post your prompt answers.

Thanks

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kaushik07

10-30 01:44 PM

I see a number of views on this thread this morning. Small request for all those who are viewing this thread - if you are a july 2nd filer or in that week close by, can you please post your comments so that we will know if there are a significant count of applicants who are out there in the same boat. Thanks!

it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.

Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.

The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.

In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.

The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.

But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.

Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."

"They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."

UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."

I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

Or is there any other combination, that would help approve labor in EB2?

I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

Good Question - I'm also looking for an answer along these lines. We should work to find a solution Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.

Make sure your LCA and H1B will be amended with the promotion first....

I have been working with my current employer for the last 5 years in job title A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

For the purpose of EB2 labor for the new position, I need to show 1 year of work experience.

Question: Would I be able to use/show the work experience I gained when I was working in job title A with the same employer? i.e. Will I be able to use on-the-job work experience that I gained before I was promoted to the new position? Remember, the current job title B (for which EB2 labor is being filed) and requirements are significantly different from the previous job title A and requirements (which only qualified for a EB3). Have anyone got their labor approved in EB2 with work experience from the same employer? Are there any USCIS published documents that coult clarify this?

I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2 labor certification gets approved, could I re-capture my EB3 Priority Date? If so, what is the exact procedure for doing that?

Is the attempt to process my labor in EB2 completely independent of my existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing EB3 approved labor and I-140?

Thanks much for your time in helping clarify this.

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ivjobs

11-11 04:48 PM

This is pretty cool and a nice feature for the benefit of the members. Once this is successful, probably we could get few more willing attorney's who can help the members in a chat environment.

This is definitely a big leap towards benefits being offered to the IV members.

Awesome, keep it up core...

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susie

10-31 01:47 AM

Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision

ups

03-27 02:42 PM

Could you please link the relevant information.It would be nice to know about it.

thx

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If you go outside of US for more than one year than only you will be count against quota.If you were on H1 and stopped working for more than one year and still in US than also you are not counted in quota.

Nikhil2

02-10 05:01 PM

Thanks for everybody's reply. I am still confused. Here is more info about my case.

Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.

Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.

Any more comments?

I think it all depends on what the job qualifications required are. Hope this helps